Misconceptions About Personal Injury Claims in New York 43227
Pursuing compensation after an accident comes with myths that may stop those who have been harmed from filing the damages they have a right to. Here are some of false assumptions — and what actually happens in practice for each one.
**Misconception: "If the accident was partly my fault, I can't recover anything."**
That is one of the most damaging misconceptions. New York uses a pure comparative negligence standard. What this means is a claim remains viable when you were somewhat at fault. What you receive is reduced by your percentage of responsibility — but it does not get wiped away.
**Misconception: "Attorneys are not necessary — the adjuster parking and traffic ticket lawyer Saratoga is going to offer a fair settlement."**
Insurance companies are corporations focused on minimizing what they pay out. The initial offer is nearly always below what your case is worth. A dedicated personal injury lawyer understands the true value of your claim — including future care needs and non-economic damages that insurance companies typically undervalue.
**Myth: "Personal injury cases take years."**
It is true that some cases may take extended time, a significant number of personal injury cases in New York settle within several months to a year. How long your case takes is shaped by the complexity of your injuries, the willingness of the insurance company is about negotiations, and whether a trial becomes required.
**Misconception: "I missed my injury — it is too late."**
The legal window for most personal injury claims in New York is three years. But, certain special circumstances that may extend that timeframe — such as cases involving municipalities, which require an initial filing within 90 days. If you are unsure whether your claim is still viable, speak with a personal injury attorney immediately.
**Misconception: "Suing someone makes me a bad person."**
Seeking compensation for damage done by another party's carelessness is exactly what the legal system was designed for — not a moral failing. Medical bills, missed income, and ongoing pain carry actual economic costs. Holding the responsible party accountable is how the justice system protects people like you.
The attorneys at Ianniello Chauvin, LLP, clients receive straightforward counsel from the initial consultation. No unrealistic claims — just a clear assessment of what you are dealing with and a path for moving forward.
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